Principal Office
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
Years Defending Texans
Cases Dismissed
Criminal Cases Handled
Counties Served Across Texas
Available | Serving All of Texas
One decision does not define the rest of your life. If you face a deadly conduct charge, every conversation with law enforcement and every court appearance carries consequences.
A Texas Deadly Conduct Lawyer at the Law Offices of Richard C. McConathy defends clients throughout Texas against misdemeanor and felony deadly conduct allegations with one goal in mind: protecting your freedom, your record, and your future.
Deadly conduct charges arise after heated arguments, firearm incidents, neighborhood disputes, or situations that escalated faster than anyone expected. Prosecutors move quickly once charges are filed. Speaking with a defense lawyer before giving statements places you in a stronger position to respond.
At the Law Offices of Richard C. McConathy, we have spent more than 35 years defending Texans in criminal courts. Our attorneys have handled more than 6,000 criminal cases and secured over 1,000 dismissals.
If you have been arrested or believe charges are coming, call (972) 233-5700 to discuss your case. We are available to take your call 24/7.
People hire the Law Offices of Richard C. McConathy because deadly conduct cases demand immediate action and careful preparation. We start evaluating the facts early, identify weaknesses in the prosecution’s evidence, and build a defense tailored to the circumstances of your case. You get personalized, direct attorney access to Richard C. McConathy.
Every deadly conduct allegation tells only one side of the story when police make an arrest. We work to uncover the complete picture before prosecutors shape the narrative.
Deadly conduct prosecutions frequently rely on witness statements, police reports, physical evidence, firearm evidence, surveillance video, and forensic testing. We review each source carefully instead of accepting the prosecution’s conclusions at face value.
Our attorneys examine whether evidence supports every legal element required under Texas law.
Some criminal cases resolve through negotiation. Others require litigation before a judge or jury. Our preparation reflects both possibilities from the beginning.
That approach allows us to evaluate every available option while protecting your interests throughout the case.
Strong criminal defense begins with careful attention to every stage of the case.
Every decision made during a criminal case affects later opportunities. Building a defense early creates more options than waiting until court dates begin to pile up.
If you have been accused of deadly conduct anywhere in Texas, contact The Law Offices of Richard C. McConathy at (972) 233-5700 before discussing your case with investigators.
Deadly conduct is a criminal offense under Texas Penal Code Section 22.05. The statute generally prohibits reckless behavior that places another person in imminent danger of serious bodily injury or involves knowingly discharging a firearm under circumstances prohibited by law.
Texas law separates deadly conduct into misdemeanor and felony offenses depending on the alleged facts.
A person may face charges if prosecutors believe the conduct created an immediate risk of serious bodily injury.
Examples include conduct involving:
The prosecution must prove every required legal element beyond a reasonable doubt. Allegations alone do not satisfy that burden.
Texas law also addresses knowingly firing a firearm at or toward certain occupied locations.
Those locations include homes, buildings, vehicles, and other occupied structures identified in the statute. Prosecutors frequently pursue felony charges when these allegations involve occupied property.
Whether someone actually suffered an injury does not always determine whether prosecutors file deadly conduct charges.
Texas law defines recklessness differently than ordinary carelessness. Prosecutors must show that someone consciously disregarded a substantial and unjustifiable risk.
That legal definition becomes one of the most contested issues during a deadly conduct prosecution.
Courts examine the surrounding facts instead of relying only on the outcome of the incident. A careful review of witness testimony, physical evidence, and the circumstances leading to the arrest reveals issues that deserve close examination before trial.
Deadly conduct charges range from a Class A misdemeanor to a third-degree felony. The charge depends on the specific facts alleged by prosecutors and the type of conduct involved.
A misdemeanor allegation exposes someone to jail time, while a felony conviction carries much more serious consequences. Knowing how Texas classifies the offense helps explain why an early defense strategy matters.
A person faces a Class A misdemeanor when prosecutors allege reckless conduct that placed another person in imminent danger of serious bodily injury without meeting the requirements for a felony charge.
Possible penalties include:
Even a misdemeanor conviction affect employment, housing, and professional licensing. Looking beyond the immediate criminal penalties shapes defense decisions.
Texas law generally classifies deadly conduct as a third-degree felony when someone knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle while believing it is occupied.
Possible felony penalties include:
Felony allegations involve detailed forensic evidence, witness testimony, and firearm analysis. Those cases require careful review before prosecutors establish their theory.
Understanding the possible punishment helps explain why deadly conduct charges receive immediate attention. The exact outcome depends on the evidence, criminal history, and facts presented in court.
Charge Level | Conduct Alleged | Possible Penalty |
Class A Misdemeanor | Recklessly placing another person in imminent danger of serious bodily injury | Up to 1 year in county jail and up to a $4,000 fine |
Third-Degree Felony | Knowingly discharging a firearm toward an occupied habitation, building, or vehicle | 2 to 10 years in prison and up to a $10,000 fine |
Courts evaluate each case individually. The facts surrounding the incident influence charging decisions as much as the alleged conduct itself.
Several legal defenses apply in a deadly conduct case. The appropriate defense depends on what actually happened, the available evidence, and whether prosecutors satisfy every legal element.
Every criminal case presents different facts. Building a defense starts with identifying weaknesses in the prosecution’s evidence rather than assuming the arrest tells the whole story.
Challenging the Recklessness AllegationMany deadly conduct prosecutions depend on proving reckless behavior. If prosecutors fail to establish recklessness, the charge becomes harder to prove.
A defense focuses on:
Small factual disputes often become significant during criminal litigation because every legal element must be proven beyond a reasonable doubt.
The quality of the evidence determines the strength of the prosecution’s case.
Our attorneys closely examine issues involving:
A careful review sometimes reveals inconsistencies that were overlooked during the initial investigation.
The United States Constitution and the Texas Constitution protect people during criminal investigations.
Evidence obtained through unlawful searches, improper questioning, or constitutional violations become subject to legal challenges before trial.
Those issues require early review because filing deadlines apply to certain pretrial motions.
A deadly conduct case begins moving through the court system soon after an arrest. Early decisions affect how the case develops over the following months.
Each county follows its own court procedures, but most cases move through similar stages.
Knowing what lies ahead helps reduce uncertainty while preparing a defense.
Every stage creates opportunities to challenge evidence, negotiate with prosecutors, or prepare the strongest possible defense. Taking action early preserves options that become harder to pursue later.
Texas law provides a specific definition of serious bodily injury, and prosecutors often rely on that definition when pursuing deadly conduct charges. The legal meaning differs from an injury that causes temporary pain or minor harm.
The definition appears in the official Texas Penal Code:
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.1.htm#1.07
Serious bodily injury generally refers to an injury that creates a substantial risk of death or causes permanent disfigurement or long-term loss of the use of a body part or organ.
That distinction becomes important because prosecutors must prove more than the possibility of injury. They must establish that the alleged conduct created an imminent danger of serious bodily injury as defined by Texas law.
Deadly conduct cases frequently involve conflicting versions of what occurred. Physical evidence often carries more weight than assumptions or speculation.
Evidence commonly reviewed includes:
Looking at every piece of evidence together often reveals a more accurate picture than relying on one witness or one police report.
Early legal representation protects your ability to respond before prosecutors lock into a theory of the case. Waiting to seek legal counsel limits opportunities to preserve evidence or address problems while the investigation remains active.
Many deadly conduct cases begin long before formal charges appear in court. Police interviews, search warrants, and witness statements often shape what prosecutors later present.
Evidence disappears faster than many people expect. Surveillance recordings can be deleted, witnesses move away, and memories become less reliable over time.
Our attorneys move quickly to review available evidence, identify factual disputes, and develop a defense strategy based on the circumstances of your case rather than assumptions.
The earlier a defense begins, the more opportunities exist to identify issues that affect the prosecution’s case.
Yes, a deadly conduct charge may be dismissed if the evidence does not support the allegation or if legal issues weaken the prosecution's case. Dismissals sometimes result from unreliable witnesses, insufficient evidence, constitutional violations, or facts that fail to satisfy every element of the offense. Every case depends on its own facts and procedural history.
Yes. A deadly conduct charge remains serious even when no one suffered physical injury. Prosecutors often file these cases based on the risk created by the alleged conduct rather than the actual outcome. A conviction still carries criminal penalties and may create lasting consequences for your record.
Self-defense may apply in some deadly conduct cases. Texas law recognizes situations where the use or threatened use of force is legally justified. Whether self-defense applies depends on the surrounding facts, witness testimony, and available evidence rather than a single statement made during the investigation.
Not every deadly conduct case reaches trial. Some cases resolve through negotiations or other pretrial proceedings, while others require a jury to decide disputed facts. Preparing every case thoroughly from the beginning places the defense in the strongest position regardless of how the case ultimately proceeds.
The punishment for deadly conduct in Texas depends on the charge. A Class A misdemeanor carries up to one year in county jail and a fine of up to $4,000. A third-degree felony carries two to ten years in prison and a fine of up to $10,000.
No. Texas law does not require an actual injury for prosecutors to file a deadly conduct charge. The allegation focuses on whether the conduct allegedly created an imminent danger of serious bodily injury or involved prohibited firearm conduct.
Yes, deadly conduct charges can be reduced depending on the facts, the available evidence, and negotiations with prosecutors. Weak evidence, legal challenges, or factual disputes sometimes affect how prosecutors handle a case.
A deadly conduct conviction often remains part of your criminal record unless another legal remedy applies. Whether someone qualifies for record-related relief depends on the outcome of the case and Texas law.
Speaking with police before charges are filed may affect the outcome of your case. Politely declining questioning until you have spoken with a criminal defense lawyer helps protect your constitutional rights while the investigation continues.
A deadly conduct accusation deserves immediate attention because prosecutors begin building their case long before the first trial date arrives. Every decision made after an arrest may affect the direction of your case, your criminal record, and your future opportunities.
The Law Offices of Richard C. McConathy has defended Texans facing serious criminal charges for more than 35 years. Our attorneys have handled thousands of criminal cases across Texas and understand how to challenge allegations involving firearms, reckless conduct, and violent crime accusations. You always work with Richard C. McConathy directly.
If you have been arrested, received a call from law enforcement, or believe charges may be coming, speak with a Texas Deadly Conduct Lawyer at The Law Offices of Richard C. McConathy today. Call (972) 233-5700 to discuss your situation and begin protecting your future before the next stage of the case begins. We are available 24/7.
Whether you're facing a felony charge or fighting a traffic ticket, every case deserves serious attention. Get an experienced defense team in your corner now.
